By:  Herrero                                                      H.B. No. 3442



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of certain environmental crimes.                  
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 7.203(d), Water Code, is amended to read 
as follows:     
	(d)  If the commission determines that an alleged 
environmental violation exists and that administrative or civil 
remedies are inadequate or inappropriate to address the violation, 
the commission shall notify the peace officer in writing of the 
reasons why administrative or civil remedies are inadequate or 
inappropriate and recommending criminal prosecution, and the 
prosecuting attorney may proceed with the criminal prosecution of 
the alleged violation.  In all other cases, the commission shall 
issue written notification to the peace officer that the alleged 
environmental violation is to be resolved through administrative or 
civil means by the appropriate authorities and the reasons why 
administrative or civil remedies are adequate or appropriate.  A 
prosecuting attorney may still proceed with the criminal 
prosecution of [not prosecute] an alleged violation even if the 
commission determines that administrative or civil remedies are 
adequate and appropriate.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.